Some states require a blood test, counseling and witnesses for a marriage to be legal while others may not require any of these things. It is important that you understand the requirements in your city and state to ensure that when you have a wedding, that you actually get married! As long as you do the research ahead of time, you should be okay to proceed with the wedding. Here are some things to think about:
Age - Age restrictions are different from state to state. You will likely be required to show proof of your age using your birth certificate, baptismal record, passport, driver’s license, just to name a few.
Family restriction – In the United States, marriage is not allowed between the following:
Ancestor and descendant (parent, grandparent, great-grandparent, child, grandchild, great-grandchild)
Brother and sister (full or half)
Uncle and niece
Aunt and nephew
Capacity to consent – both parties must consent to be married. If someone does not understand the meaning of marriage because of alcohol, drugs, mental illness or other factors affecting judgment, then the marriage is not valid. It is also invalid if fraud or coercion is involved.
Gender – Always a hot topic for a lot of people, but couples of the same sex should check with their local laws to find out if a marriage is considered legal where they reside.
Remarriage – Anyone who has been married before must provide ORIGINAL DOCUMENTS or CERTIFIED COPIES of a documentation regarding previous marriages. This includes Decree of Divorce, Death Certificates and certificate of Dissolution of Marriage. This should be done long before the wedding is planned because one missing document can cause delays.
Health certificates – some states will require that you get a health certificate before getting married to ensure that your partner knows of any pre-existing conditions while some states do not. However, even in states that do not require blood tests or physical exams, your marriage can be invalid if you fail to inform your spouse that you have a venereal disease or impotence / infertility.
If you are unsure of what your state requires, the best place to check is with the county clerk’s office or the office of registrar OR your wedding planner should be able to help!
Peggy Post. Wedding Etiquette: The Definitive Guide to Your Wedding Experience (New York: HarperCollins Publishers Inc., 2006), 258-259.Photo from: http://www.perfectweddingpics.com/smokymountainwedding/tennessee-marriage-license/